Beckstedt & Associates Obtains a Rule 12 Dismissal For Failure to State A Claim

Attorney Kuczynski of Beckstedt & Associates obtained a dismissal of a complaint on behalf of his client in the Superior Court of the Virgin Islands, Division of St. Croix. The Plaintiff allegedly sustained personal injuries after being assaulted during St. Patrick's Day related festivities at the Defendant’s premises by a security guard allegedly employed by the Defendant, and various police officers. The Plaintiff brought a negligence claim based upon respondeat superior and negligent hiring, supervision and training as well as an assault and battery count. After allowing the Plaintiff two opportunities to amend the complaint, the Court finally dismissed the complaint on the pleadings for failure to allege negligent conduct or show facts that indicated that the intentional acts of the security guard were performed in furtherance of the Defendant’s business. Likewise, the Plaintiff offered no facts to support a negligent hiring, training or supervision claim.